Abstract
Although health care law (HCL) has attained the status of a discrete field of law during the past four decades, yet malpractice litigation is heavily based upon the traditional requirements of tort law which is largely entangled with its complexities in establishing medical liability. This conundrum is exacerbated by the perceived excessive deference to medical paternalism in English and Welsh courts. Whether or not medical malpractice litigation should be exempted from strictures of the traditional paradigm of the common law in establishing liability for negligence remains contested. In this paper, I argue that due to the practical difficulties entailed in pursuing healthcare malpractice grievances via the courts system particularly the uphill task of proving clinical negligence, lawmakers should revisit the possibility of adopting a no-fault compensation scheme for all cases that can properly be categorized as medical malpractice.
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